What is Conciliation?
Conciliation[CHOUTEI] is a unique legal system in Japan. Its purpose is to resolve disputes that are deemed hard to settle if left to the two parties concerned. While it takes a long time and costs a lot of money to bring a case to court for trial, it may be better to solve a problem through discussion between the two parties, with conciliations involved, so that they can reach a mutually agreeable solution (compromise) in the conciliation process. Civil Conciliation treats all legal issues and troubles except for criminal cases, while Domestic relations Conciliation deals disputes among family members or other relatives.
- Solving problems through discussion
- Conciliation is different from court for trial or litigations. It is basically a discussion between the two parties, with conciliations involved, for the purpose of seeking a solution to the problem.
- Proceedings not open to the public
- Unlike litigations, conciliation sessions shall not be open to the public and be held in a small room. Everything discussed in the conciliation shall be kept confidential, and the privacy of all the parties concerned shall be protected.
- Presided over by a fair and neutral third party
- A conciliation committee, which consists of one judge and two conciliation commissioners selected from citizens, will listen to both parties in a manner that is fair and careful, never favoring one side against the other. They will help the two parties seek a satisfactory solution through conciliation sessions.
- Has the same effect as a judgment in litigations
- When the two parties reach a consensus that is valid and is satisfactory to both, all the agreements and conditions shall be stipulated in the conciliation record. It shall have the same effect as a final and binding judgment in litigations. In the event of a default, procedures for the compulsory execution can be implemented on the basis of the conciliation record.
- Simple petition procedures with a small fee
- Anyone can make a petition for conciliation proceedings. However, the petition form (available at the reception desk) is written in Japanese. In order to complete the petition procedure without trouble, we recommend that you would visit us with a Japanese friend or someone who understands Japanese.